Harbours Act, 1996
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Amendment of Act of 1946. |
93.—(1) Section 47 of the Act of 1946 is hereby amended by the addition of the following subsections after subsection (3): | |
“(4) A harbour authority may engage in any business activity, either alone or in conjunction with other persons, that they consider to be advantageous to the development of their harbour. | ||
(5) Without prejudice to the generality of subsections (1) to (4) of this section, a harbour authority shall have power to do anything which appears to them to be requisite, advantageous or incidental to, or which appears to them to facilitate, either directly or indirectly, the performance by them of their functions as specified in this Act or any other enactment and is not inconsistent with any enactment for the time being in force.”. | ||
(2) The Act of 1946 is hereby amended by the insertion after section 87 of the following section: | ||
“Prohibition on certain vessels, etc., from entering harbour. | ||
87A(1).—Subject to this section, the harbour master of a harbour may refuse entry into the harbour of a vessel, vehicle or other conveyance if by reason of its nature or the condition of any of the goods being carried on it such entry or its presence in the harbour thereafter would, in the opinion of the harbour master, pose a danger to persons or property. | ||
(2) Subject to this section, the harbour master of a harbour may only permit the entry into the harbour of radioactive material (within the meaning of the International Maritime Dangerous Goods Code of the International Maritime Organisation) with the consent of the Radiological Protection Institute of Ireland. | ||
(3) Subject to this section, the following are prohibited from entering a harbour— | ||
(a) a nuclear powered vessel, vehicle or conveyance, | ||
(b) a vessel, vehicle or other conveyance that is carrying any nuclear weapons, | ||
(c) a vessel, vehicle or other conveyance that is carrying nuclear material (within the meaning of section 2 of the Radiological Protection Act, 1991 ), or ores or other substances destined for the production of nuclear materials. | ||
(4) The Minister may, with the consent of the Minister for Transport, Energy and Communications on the advice of the Radiological Protection Institute of Ireland, exempt a vessel, vehicle or other conveyance of a specified class or classes carrying nuclear material from the application of subsection (3) (c) and for so long as such an exemption is in force subsection (3) shall be construed and have effect in accordance with the exemption. | ||
(5) Subsections (1), (2) and (3) shall only apply to a vessel of the naval service of a state (other than the State) with the prior consent of the Government. | ||
(6) Subsections (1), (2) and (3) shall not apply to a vessel in distress or where there is imminent danger to persons. | ||
(7) Where a vessel, vehicle or other conveyance having been refused entry to a harbour under subsection (1) or in contravention of subsection (3) enters a harbour, the owner and master of the vessel or the owner of the vehicle or conveyance or the person to whom the conveyance is hired at the time of the entry shall each be guilty of an offence. | ||
(8) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both, | ||
(b) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years, or to both.”. |